UK CA mark will replace CE mark in case of No Deal Brexit scenario

London, UK

On 2nd February 2019 the government published the design for the UK marking for certain products to be sold in the UK, which would replace the CE marking in the event the UK leaves the EU without a deal.

The CE marking is placed on specific products including toys, machinery and electrical equipment to show that they are compliant with the relevant EU regulatory requirements. In most cases the CE marking can be applied to products tested by the manufacturer. For some products, there is a legal requirement for the product to be assessed by a third-party assessment body (usually a ‘Notified Body’) to confirm they meet relevant regulatory requirements.

In a ‘no-deal’ scenario, the EU will stop recognising the competency of UK-based Notified Bodies to assess products for the EU market. Therefore, manufacturers using UK-based Notified Bodies to assess products against the requirements of EU law will no longer be able to apply the CE marking.

The government intends to reclassify UK Notified Bodies as UK Approved Bodies. These bodies will be eligible to assess products against relevant UK requirements and issue the UK marking to compliant products.

In most cases, manufacturers would not need to use the UK marking immediately in the event of the UK exiting the EU without a deal. Manufacturers will be able, for a period of time, to continue to use the CE marking when placing their products on the UK market if their product meets the relevant EU requirements. This would include products that have had any necessary third-party assessment carried out by an EU-recognised body. The government would consult businesses before taking a decision on when this period would end.

Products being exported to the EU which currently require the CE marking will continue to require the CE marking to demonstrate compliance with the relevant EU regulatory requirements.

According to the announcement, delivering a deal with the EU remains the government’s top priority. The government is accelerating no-deal preparations to ensure the country is prepared for every eventuality, as it is the responsible thing to do and will continue to publish guidance to business and citizens to ensure they can make informed preparations.